LOPEZ v. JOHN HANCOCK MUTUAL LIFE INS. CO

Ordered that the order is affirmed insofar as appealed from (see, Lopez v Massachusetts Mut. Life Ins. Co., 170 A.D.2d 583); and it is further,

Ordered that the cross appeal from so much of the order as failed to render a determination on that branch of the interpleaded defendant's cross motion for summary judgment which was to recover the proceeds of a life insurance policy issued by Metropolitan Life Insurance Company is dismissed, as that branch of the cross motion remains pending and undecided (see, Katz v Katz, 68 A.D.2d 536); and it is further,

Ordered that the respondent-appellant is awarded one bill of costs. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.